Mr. Speaker, I rise today to contribute to the debate on Bill C-25, the Public Servants Disclosure Protection Act, commonly understood to provide enhanced protection for whistleblowers in the public service.
In many respects, today's debate is not an occasion to celebrate efforts to foster greater openness and accountability in government as my Liberal colleagues would have us believe. We are first debating this legislation on a Friday, the last day before a two week break, which may be extended if an election is called.
It is true that the government fulfilled its promise made in January that this legislation would be introduced before the end of March. Regrettably, the Treasury Board president also promised that this legislation would not be passed before the public accounts committee had completed its investigation into the sponsorship scandal, not prior to the public inquiry into the same scandal.
The end result is that whatever the benefits of this legislation, and those benefits would appear to be dubious at best, it will not be in place to encourage frank disclosures by civil servants with respect to the past transgressions of senior government officials or ministers. This state of affairs is highly regrettable since Canadians of all political persuasions want to believe that the current government is sincere in its professed desire to root out corruption in government. Public service unions are equally concerned that the changes in government culture that the Prime Minister has widely proclaimed will in fact occur.
For example, following on the heels of the disgraceful behaviour of former privacy commissioner George Radwanski, we learned of the case of Norman Steinberg, the public works official responsible for ethics in his department. He spent $22,000 for an entertainment system for his office, including a widescreen plasma television. He attended 33 conferences that cost $86,000.
As Public Service Alliance of Canada president Nycole Turmel said at the time, unless the Prime Minister puts an end to the free-spending ways of public servants like Radwanski, who is no longer employed, and Steinberg, who continues to be employed, all federal employees look bad. In fact, it is these very employees by way of public sector unions who are leading the way in calling for whistleblowing legislation.
For example, some commentators have criticized the apparent silence of employees in the Office of the Privacy Commissioner during the period of abuses by Mr. Radwanski. Lynn Ray, the president of the Union of Solicitor General Employees, recently wrote to correct public perceptions. As she pointed out:
The problem was not that people did not know of the problems. The problem was that the people who knew could not speak out. Government workers have seen what happens to people who blow the whistle on wrongdoing. Even when their allegations are proved accurate, they still pay a horrible price. The careers of whistleblowers are destroyed and their family lives are devastated.
Whistleblowers perform an important service to the public. Their actions save not only public money. By exposing dangers to safety and health, they save the very lives of Canadians. Whistleblowers should be praised, not punished. They should not pay for their public service by putting their jobs on the line. Employees and the Canadian public need strong and effective legislation to protect those who reveal wrongdoing.
Unfortunately, this legislation does little to effect the Prime Minister's wishes, assuming that he is sincere in addressing government corruption and waste. It also does not address the concerns of employees who want to be protected when they speak out. It is even deficient in the eyes of Canada's first public service integrity officer, noted ethicist Dr. Edward Keyserlingk. Not much has been heard from him since his appointment in November 2001. He currently reports to the President of the Treasury Board.
At the time, the integrity officer was operating under a Treasury Board policy to encourage employee disclosure of wrongdoing. The problem was there were no perceived legislative protections that would protect employees from reprisals.
In addition, as Dr. Keyserlingk pointed out in September 2003, at the time of his first annual report tabled in Parliament through the President of the Treasury Board, he was being regarded in much the same light as the ethics counsellor. He was not regarded as being functionally independent of the government.
Dr. Keyserlingk called for legislation to create a revised agency to better enable the disclosure and correction of wrongdoings in the public service and protection for whistleblowers from reprisals. This same individual called the current legislation before the House a disappointment.
One of the main reasons the legislation is disappointing in the eyes of so many is because the whistleblower is compelled to make his or her disclosures through internal government channels and, in particular, through either a superior or the newly constituted public sector integrity commissioner.
The problem persists. The public sector integrity commissioner will not function independently of Parliament. He or she will instead report through a minister as yet to be designated by the Prime Minister. The deficiency is obvious. If the wrongdoing emanates from or involves the office of the minister, what possible protection is there for a whistleblower?
There has now been testimony from several sources that the sponsorship program was directed by the then minister of public works. There is also testimony that directions to this program were also emanating from the office of the Prime Minister.
As but one example, my colleague from Winnipeg Centre has publicly disclosed information received by him from a civil servant who was told to write a cheque for $100,000 for work he knew was never performed. When the civil servant objected, his superior advised him that they were taking their instructions directly from the PMO and that he should sign it. As my colleague from Winnipeg Centre has stated, we believe it goes to the highest level of the Prime Minister's Office, including the former prime minister.
Consistent with the legislative weaknesses already noted is the fact that whistleblower protection is not accorded to the House of Commons staff, the RCMP or members of Canada's armed forces, among others, yet we know that none of these entities are free from scandal. In particular, we have a recent example from this past January of the very public RCMP raid of the residence of Ottawa Citizen reporter, Juliet O'Neill, seeking information in her possession concerning the Maher Arar case. In that case, Mr. Arar contends that it was the RCMP and related security personnel who conspired to have him diverted to Syria where he spent one year in jail without trial.
The raid on Ms. O'Neill's residence also sends another message concerning the deficiencies of the legislation before us. It does not protect whistleblowers who make their disclosures to the media or otherwise, apart from the approved channels of disclosure, the non-independent public sector integrity commissioner.
Similarly, the stories of a veteran RCMP officer condemned for leaking the allegations of corruption at the Canadian high commission in Hong Kong and a civilian fire chief fired for revealing what he considered unsafe conditions on a Canadian military base in Afghanistan highlight the need for comprehensive whistleblower legislation that does protect those who speak out when they see problems.
What is particularly important under the proposed legislation is that the public sector integrity commissioner would not necessarily be appointed by an all party committee. Instead, we have the potential for the ethics counsellor appointment process where there is no independent review of qualifications or effectiveness.
From examples we know about, we can see that in many respects the legislation will actually discourage whistleblowers from coming forward because the protections available to them are substantially as empty as the ones they have at present.
As one commentator noted, conscientious people who want to serve the taxpayers honestly should have no fear of reprisals at all. The proposed legislation does not provide that assurance.
The kind of environment that punishes people who speak out is not exclusive to this federal level. In my home city of Saskatoon there is a case where a hospital head of emergency medicine was removed from his position after he wrote a letter to the province stating patient care was compromised because of a lack of resources. Is there a connection?
Those types of cases are the reason I am interested in this legislation. We have a real opportunity to set an example that could be followed at other levels of government and administration, and that is very important. Canadians deserve better.
I can only hope that members opposite will agree with this sentiment and work with all members of the House to make the much needed improvement to the legislation before it is subject to a vote.